This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

56857 

Vol. 75, No. 180 

Friday, September 17, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 141 

[Docket No. FAA–2006–26661; Amendment 

No., 141–14] 

RIN 2120–AI86 

Pilot, Flight Instructor, and Pilot 

School Certification 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Federal Aviation 

Administration (FAA) is making minor 

technical changes to a final rule 

published in the Federal Register on 

August 21, 2009. That final rule revised 

the training, qualification, certification, 

and operating requirements for pilots, 

flight instructors, ground instructors, 

and pilot schools. Through this 

technical amendment, we are clarifying 

the intent of § 141.5(d) and reinserting 

language that was inadvertently 

removed pertaining to special courses of 

training under appendix K of part 141. 

DATES: This technical amendment is 

effective September 17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Craig Holmes, Airmen Certification and 

Training Branch, AFS–810, General 

Aviation and Commercial Division, 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

493–5385; e-mail to 

craig.holmes@faa.gov. 

For legal interpretative questions 

about this final rule, contact: Anne 

Moore, AGC–240, Office of Chief 

Counsel, Regulations Division, Federal 

Aviation Administration, (202) 267– 

3123; e-mail to anne.moore@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 21, 2009, the FAA 

published the ‘‘Pilot, Flight Instructor, 

and Pilot School Certification; Final 

Rule’’ (74 FR 12500), which revised the 

training, qualification, certification, and 

operating requirements for pilots, flight 

instructors, ground instructors, and 

pilot schools. The FAA is now issuing 

a technical amendment to § 141.5(d) to 

clarify the original intent of the final 

rule and reinsert language that was 

inadvertently removed pertaining to 

special courses of training under 

appendix K of part 141. 

Discussion of Technical Amendment 

Section 141.5(d) establishes the 

quality of training standard that a 

provisional pilot school must meet in 

order to obtain a non-provisional pilot 

school certificate. In addition, § 141.83 

requires each pilot school and 

provisional pilot school to meet the 

quality of training requirements set forth 

in § 141.5(d) in order to have a 

certificate renewed under § 141.27(a)(2). 

Prior to the August 2009 rule change, 

§ 141.5(d) permitted issuance of a pilot 

school certificate if the applicant (1) 

trained and recommended at least 10 

students for a knowledge or practical 

test for a pilot certificate, flight 

instructor certificate, ground instructor 

certificate, an additional rating, and 

end-of-course test for a training course 

specified in appendix K to this part, and 

(2) achieved an 80% pass rate on the 

first attempt for all tests administered 

during the preceding 24-month period. 

Due to confusion over whether the 10 

students in paragraph (d) had to be 10 

different people or could be one person 

who completed 10 training courses, the 

FAA sought to clarify § 141.5 in the 

August 2009 final rule by adding 

paragraph (e), which requires a pilot 

school to have ‘‘graduated at least 10 

different people from the school’s 

approved training courses’’ in the 24- 

month period preceding the date of the 

application for a pilot school certificate. 

Paragraph (e) was intended to clarify the 

‘‘quantity’’ of training that must take 

place in order for a pilot school to 

warrant certification under part 141. 

The FAA explained in the preamble that 

a pilot school could not use a single 

person who completes ten different 

training courses to satisfy the quantity 

of training standard set forth in 

paragraph (e). 

Having clarified the ‘‘quantity of 

training’’ through a separate requirement 

in paragraph (e), the FAA had intended 

for paragraph (d) to address the ‘‘quality 

of training’’ required for issuance or 

renewal of a pilot school certificate. As 

amended in the August 2009 final rule, 

paragraph (d) requires a pilot school 

applicant to have ‘‘trained and 

recommended at least 10 different 

people for a knowledge test or a 

practical test, or any combination 

thereof, and at least 80 percent of those 

persons passed their tests on the first 

attempt.’’ The FAA stated in the 

preamble that the requirement that ‘‘at 

least 80 percent of those persons passed 

their test on the first attempt is not a 

change from the existing rule.’’ 74 FR 

42500, 42538. 

The use of the phrase ‘‘at least 10 

different people’’ in paragraph (d), 

however, unfortunately was not 

removed and caused confusion 

regarding whether the 80 percent pass 

rate is based only on the test results of 

those 10 different people or, as stated in 

the preamble, on ‘‘all tests 

administered.’’ In addition to this 

confusion, the FAA removed, without 

explanation, the language pertaining to 

the ‘‘end-of-course test for a training 

course specified in appendix K[.]’’ This 

omission was unintended. Certain 

certificated part 141 pilot schools offer 

only specialized courses that do not 

result in a certificate or rating. As such, 

these courses do not lead to completion 

of the ‘‘knowledge or practical test’’ 

currently referenced in § 141.5(d). 

In this technical amendment, the FAA 

is revising the language of § 141.5(d) to 

clarify that in order to meet the quality 

of training standard for issuance or 

renewal of a pilot school certificate, a 

pilot school must achieve a combined 

80 percent pass rate for all (1) 

knowledge tests and practical tests 

leading to a certificate or rating, and (2) 

end-of-course tests for appendix K 

courses must be passed on the first 

attempt. 

As such, if a provisional pilot school 

does not train and recommend 10 

different people for knowledge tests, 

practical tests, and end-of-course tests 

for approved appendix K courses, then 

the school’s pass rate is irrelevant 

because the school failed to meet the 

minimum threshold for establishing its 

pass rate. In addition, the technical 

amendment clarifies that, although the 


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56858 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Rules and Regulations 

smallest possible testing pool is 10 

different people, the total testing pool 

for a particular school consists of all 

knowledge tests, practical tests, and 

end-of-course tests for approved 

appendix K that were administered in 

the prior 24-month period. For those 

schools that seek renewal of nonprovisional pilot school certificates, 

they must continue to meet, by 

reference in § 141.83, the quality of 

training standard set forth in § 141.5(d). 

This rule clarifies existing 

requirements and reinserts language that 

was inadvertently removed. Because the 

changes in this technical amendment 

result in no substantive change, we find 

good cause exists under 5 U.S.C. 

553(d)(3) to make the amendment 

effective in less than 30 days. 

List of Subjects in 14 CFR Part 141 

Administrative practice and 

procedure, Air carriers, Aircraft, 

Aviation safety, Charter flights, 

Reporting and recordkeeping 

requirements. 

The Amendment 

■ Accordingly, title 14 of the Code of 

Federal Regulations (CFR) part 141 is 

amended as follows: 

PART 141—PILOT SCHOOLS 

■ 1. The authority citation for part 141 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44703, 44707, 44709, 44711, 45102–45103, 

45301–43502. 

■ 2. Amend § 141.5 by revising 

paragraphs (d) and (e) to read as follows: 

§ 141.5 Requirements for a pilot school 

certificate. 

* * * * * 

(d) Has established a pass rate of 80 

percent or higher on the first attempt for 

all knowledge tests leading to a 

certificate or rating, practical tests 

leading to a certificate or rating, or endof-course tests for an approved training 

course specified in appendix K of this 

part. 

(e) Has graduated at least 10 different 

people from the school’s approved 

training courses. 

Issued in Washington, DC on September 

14, 2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2010–23283 Filed 9–16–10; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 416 

[Docket No. SSA–2009–0017] 

RIN 0960–AH00 

Improvements to the Supplemental 

Security Income Program—Heroes 

Earnings Assistance and Relief Tax 

Act of 2008 (HEART Act) 

AGENCY: Social Security Administration. 

ACTION: Final Rule; correcting 

amendment. 

SUMMARY: In the Federal Register of 

September 7, 2010, we published a final 

rule document revising our regulations 

to incorporate improvements to the 

Supplemental Security Income (SSI) 

program made by the HEART Act. We 

inadvertently stated the RIN incorrectly 

as 0960–AD78. This document corrects 

the RIN to 0960–AH00. 

DATES: Effective on September 17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Brian J. Rudick, Office of Regulations, 

Social Security Administration, 6401 

Security Boulevard, Baltimore, MD 

21235–6401, (410) 965–7102. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213, or TTY 1– 

800–325–0778, or visit our Internet site, 

Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: We 

published a final rule document in the 

Federal Register of September 7, 2010, 

(75 FR 54285) revising our regulations 

to incorporate improvements to the SSI 

program made by the HEART Act. In 

this final rule, we incorrectly stated the 

RIN as 0960–AD78. This correction 

changes the RIN to 0960–AH00. 

Martin Sussman, 

Senior Advisor for Regulations. 

[FR Doc. 2010–23183 Filed 9–16–10; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 2 

[Docket No. FDA–2006–N–0304] (formerly 

Docket No. 2006N–0262) 

RIN 0910–AF93 

Use of Ozone-Depleting Substances; 

Removal of Essential-Use Designation 

(Flunisolide, etc.); Correction 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule; correction. 

SUMMARY: The Food and Drug 

Administration (FDA) is correcting a 

final rule that appeared in the Federal 

Register of April 14, 2010 (75 FR 

19213). The document amended FDA’s 

regulation on the use of ozone-depleting 

substances (ODSs) in self-pressurized 

containers to remove the essential-use 

designations for flunisolide, 

triamcinolone, metaproterenol, 

pirbuterol, albuterol and ipratropium in 

combination, cromolyn, and nedocromil 

used in oral pressurized metered-dose 

inhalers (MDIs). The document was 

published with an inadvertent error. 

This document corrects that error. 

FOR FURTHER INFORMATION CONTACT: 

Diane Sullivan, Office of Policy, Food 

and Drug Administration, 10903 New 

Hampshire Ave., Bldg. 32, rm. 3210, 

Silver Spring, MD 20993, 301–796– 

9171. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2010–8467, appearing on page 19213, in 

the Federal Register of Wednesday, 

April 14, 2010, the following correction 

is made: 

1. On page 19213, in the third 

column, the heading ‘‘RIN 0910–AF92’’ 

is corrected to read ‘‘RIN 0910–AF93’’. 

Dated: September 13, 2010. 

David Dorsey, 

Acting Deputy Commissioner for Policy, 

Planning and Budget. 

[FR Doc. 2010–23195 Filed 9–16–10; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 1 and 602 

[TD 9502] 

RIN 1545–BF90 

Exclusions From Gross Income of 

Foreign Corporations 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations and removal of 

temporary regulations. 

SUMMARY: This document contains final 

regulations under section 883(a) and (c) 

of the Internal Revenue Code (Code), 

concerning the exclusion from gross 

income of income derived by certain 

foreign corporations from the 

international operation of ships or 

aircraft. The final regulations adopt the 

proposed regulations issued on June 25, 

2007, (REG–138707–06) with certain 

modifications in response to comments 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1